Randolph v. State

GOSHORN, Judge.

Johnny Randolph challenges the sentences imposed for two counts of aggravated battery with a firearm.1 He argues that the trial court erred by adding legal constraint points on the scoresheet and by departing from the presumptive guidelines sentence for invalid reasons. While we agree that the record does not support the inclusion of legal constraint points, we hold that the error was harmless in light of what we find are valid reasons for departure. Accordingly, we affirm the defendant’s sentences.

At the resentencing hearing, the trial court, over objection, scored 36 points…